Date of publication:
01/07/2026
Kenya
Do domestic laws and policies provide for a legal status to refugees, authorizing them to stay in the country?
Assessment by population
Analysis
Kenya's Refugees Act, 2021 provides a comprehensive framework for the recognition and management of refugees and asylum seekers within the country. Upon a successful application for asylum, individuals are formally recognized as refugees, granting them specific rights and protections under Kenyan law.
The Act defines a "refugee" and outlines the criteria for such recognition. Once an individual is granted refugee status, they are entitled to various rights, including freedom of movement within designated areas, the right to work, and access to essential services. These provisions aim to facilitate the integration and self-reliance of refugees within Kenyan society.
Furthermore, the Act mandates the issuance of identification documents to recognized refugees, formalizing their legal status and enabling them to access rights and services. This documentation serves as official recognition of their status and is crucial for interactions with both governmental and private entities.
Related provisions of domestic law or policy
The Refugee Act
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/en/124231?prevDestination=search&prevPath=/search?keywords=refugee+act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-124231-en
Legal provision
Section 3.1 - Meaning of a refugee.
A person shall be a refugee for the purposes of this Act if— (a) owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, that person is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country.
Section 28 - Rights and obligations of Refugees
Subject to this Act, every refugee and every asylum seeker within Kenya shall be entitled to the rights and be subject— (a) to the duties contained in the UN Convention, its Protocol and the OAU Convention; and (b) all the laws in force in Kenya. (2) The Cabinet Secretary may, by notice in the Gazette and in consultation with the relevant county governments, designate specific counties to host refugees. (3) The Cabinet Secretary may, by notice in the Gazette, designate places and areas in Kenya to be transit centres for purposes of temporarily accommodating refugees. (4) Subject to this Act, refugees shall be enabled to contribute to the economic and social development of Kenya by facilitating access to, and issuance of, the required documentation at both levels of Government. (5) Subject to the laws applicable and taking into special consideration the special circumstances of refugees, a refugee recognized under this Act shall have the right to engage individually or in a group, in gainful employment or enterprise or to practice a profession or trade where he holds qualifications recognized by competent authorities in Kenya. (6) A refugee and an asylum seeker shall have the right to identification and civil registration documents and such documents shall be sufficient to identify a refugee or asylum seeker for the purposes of access to rights and services under this Act and any other applicable law. (7) Without prejudice to the generality of the foregoing, and subject to the special circumstances of refugees, the Refugee Identity Card shall at a minimum have a similar status to the Foreign National Registration Certificate issued under section 56 (2) of the Kenya Citizenship and Immigration Act (No. 12 of 2011) for the purposes of accessing the rights and fulfilling obligations under this law. (8) A person from a Partner State of the East African Community who has been recognised as a refugee under this Act may opt to voluntarily give up his or her refugee status for the purposes of enjoying any of the benefits due to him or her under the Treaty for the Establishment of the East African Community, the Protocol for the Establishment of the East African Community Common Market, and any other relevant written law.